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Resolution No. 4770426 RESOLUTION NO. 4770 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 96 -192 WITH CONDITIONS. WHEREAS, an application was made by Homestead Village Inc. to subdivide one (1) parcel into two (2) parcels located at the southwest corner of Valley View Street and Corporate Avenue within the PC -5 Planned Community Business Park Zone; and WHEREAS, the City Council considered evidence presented by the applicant, City staff and other interested parties at a duly noted public hearing on March 10, 1997, held with respect thereto. NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY RESOLVE as follows: 1. The proposed map is compatible with the objectives, policies, general land uses and programs specified in the General Plan of the City of Cypress in that: a. Specific land approvals will be granted in accordance with the Zoning Code of the City of Cypress. Subdivision of the existing site into two (2) parcels conforms with the basic intent of the Land Use Element of the City's General Plan. 2. The subdivision as designated on the tentative parcel map and supplemented by the conditions listed in Exhibit "A" attached and incorporated herein by reference, are compatible with the objectives, policies, general land uses and programs specified in the General Plan of the City of Cypress in that: a. The subject property shall be improved in conformance with the present zoning and all applicable ordinances in effect at the time this map is recorded with the County of Orange. All necessary utility services shall be provided to the property in conformance with the Cypress Municipal Code. 3. The subject parcel map complies with all requirements of the California Subdivision Map Act and the Cypress Subdivision Ordinance. 4. None of the findings set forth in Government Code Section 66474 which would preclude approval of this tentative parcel map can be made. 5. The discharge of waste from the proposed subdivision into the existing community sewer shall not result in a violation of the existing requirements prescribed by the California Regional Water Quality Control Board having jurisdiction over the proposed subdivision pursuant to the provisions of Division 7 of the California Water Code (Section 13000 et seq.). NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Tentative Parcel Map No. 96 -192, subject to the conditions attached hereto as Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Cypress at an adjourned regular meeting held on the 10th day of March 1997. ‘r.C1'1C) MAYOR OF THE CITY OF YPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at an adjourned regular meeting of the said City Council held on the 10th day of March , 1997, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy and Carroll NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 427 428 EXHIBIT "A" TENTATIVE PARCEL MAP NO. 96 -192 Southwest Corner of Valley View Street and Corporate Drive CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. The developer shall defend, indemnify, and hold harmless, the City and any agency thereof, or any of its agents, officers, and employees from any and all claims, actions, or proceedings against the City or any agency thereof, or any of its agents, officers or employees, to attack, set aside, void or annul, an approval of the City, or any agency thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the project, which action is brought within the time period provided in Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§ 21000 et seg. - including but not by way of limitation § 21152 and 21167). City shall promptly notify the developer of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action and should the City fail to either promptly notify or cooperate fully, developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 2. The developer's contractor shall provide the City with a Certificate of Insurance on City form evidencing a comprehensive liability insurance policy with a combined single limit of not less than $500,000 each occurrence in connection with the work performed. Certificate shall include the City, its Council, officers, members of boards or commissions and employees as additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development executed by the Named Insured and City, including any act or omission of employees, agents, subcontractors, or their employees. Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress. 3. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements filed with the City governing joint use and maintenance of drive approaches, drainage, onsite parking, irrigation system, etc., if applicable. 4. Corporate Avenue and Valley View Street shall be fully improved with curb, gutter, sidewalk, driveway, paving, etc., in accordance with the City's Code requirement of streets. Curb returns at the intersection of Valley View Street and Corporate Avenue shall have a radius of thirty -five feet (35'). The corner cutoff shall be dedicated to the City of Cypress for roadway purposes. 5. FEE REQUIRED FOR IMPROVEMENTS IS AS FOLLOWS: • Final Subdivision Map filing Fee (Per Resolution No. 4001) • Community Development Department • Planning Division • 429 Exhibit "A" Tentative Parcel Map No. 96 -192 Conditions of Approval Page 2 6. Within forty -eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Community Development Department a check payable to the County Clerk - Recorder in the amount of Thirty -Eight Dollars ($38.00) County administrative fee, to enable the City to file the Notice of Determination pursuant to Fish and Game Code §711.4 and California Code of Regulations, Title 14, section 753.5. If within such forty - eight (48) hour period the applicant /developer has not delivered to the Community Development Department the check required above, the approval for the project granted herein shall be void. Revised 3/13/97 ■ Community Development Department • Planning Division ■